Help meaning
Certificates of marital status are often referred to as certificates of unmarriage or celibacy. A document confirming the status is primarily required by the registry office for a foreigner when registering a marriage and its subsequent legalization in the Russian Federation. In addition, a certificate is required if:
- an individual intends to buy a share in an LLC;
- preparing the sale, donation, exchange of your own share in the LLC;
- it is planned to conclude a real estate purchase and sale transaction;
- an individual intends to register with the military registration and enlistment office or is called up for service.
As part of these legal actions, the certificate serves as confirmation that the acquired or alienated property and property rights are not subject to the regime of joint ownership of spouses. In addition, a certificate of the conscript’s marital status is required when registering for service and is a prerequisite for the formation of a personal file.
What should the certificate look like?
A certificate from the Civil Registry Office confirming the absence of marriage must be made according to Form No. 35. The form of the document is approved by Decree of the Government of the Russian Federation No. 1274 of October 31, 1998, and must be certified by the signature of the head of the Civil Registry Office department and an official seal. It should be noted that the certificate of absence of marriage in Russia contains a clearly indicated period during which the government agency verified information about the applicant. A certificate of non-marriage is not issued to citizens before 1985, since the registry office does not save this information. If a person has a permanent place of residence in different constituent entities of the Russian Federation, then you need to obtain certificates of marital status in each of them, separately.
A certificate confirming marital status must be issued in the language of the certifying country. That is, if you need to take a certificate from the registry office of Russia, then to present it in Italy, you need to contact a translation agency and translate it into Italian, and then have it certified by a notary again.
The document issued by the Civil Registry Office in Form 35 has a validity period of 3 months from the date of issue. If the time is expired, you will need to take a second certificate.
How to obtain a court decision on divorce?
Pickup location
Until recently, the certificate was issued by the registry office. Today, the procedure involves contacting a notary office or consulate. This transition is due to the fact that civil registration authorities do not have a single registry base throughout the country. Thus, receiving a certificate of absence of marriage in one department does not exclude the possibility that the union was registered in another city or even district.
If a certificate for the military registration and enlistment office or for other purposes is required on the territory of Russia, the applicant applies to any registered notary, if outside the country - to the Consulate of the Russian Federation. In the second case, two scenarios are possible:
- The applicant presents a valid Russian passport, after which the consular officer issues a corresponding certificate.
- The applicant receives a completed form, which he fills out and signs. After that, the individual turns to a notary, where the document undergoes legal certification.
A number of countries do not consider family composition certificates without an apostille valid. For example, Belgium requires a double apostille, and in Syria there is a double circle of legalization of documents and additional notarization of the translation of the document into the state language.
Where can I get a certificate of marital status?
A certificate confirming the absence of state registration of marriage is issued by the Civil Registry Office. To take this document, you must first write an application for receipt of notification of the absence of a civil status record on marriage - this is the official name of the certificate.
The application is written to the head of the registry office department to which you are applying. The claim must contain information about your person (full name, passport details and registration address) without abbreviations or corrections. The main text of the document must begin with the word “Please.” At the end there is a date and signature, as well as a list of attached documents. If your application is not completed correctly, it will not be accepted for consideration.
A certificate of civil status can be issued without the personal presence of the applicant; the basis for issuance is a written claim. It will be interesting to know that it can be written either by hand or submitted electronically on the government services website. The period for issuing a certificate does not take more than a day. On the government services website, you need to fill out a ready-made application form and indicate your personal data. When visiting the registry office in person, you must have the following documents with you:
- passport or copies thereof;
- simple, not notarized, copies of certificates of previously concluded and broken marriages;
- check for payment of state duty.
A person may be officially married, but in fact the spouse will be dead. In this situation, you must have with you the death certificate of your spouse or a court decision on his death.
Certificate from the registry office in form 28 about marriage
If you are acting through a guarantor, then in addition to your documents, you need a written power of attorney in the name of the person who will collect the certificate indicating your marital status. Sometimes, the registry office even considers an application sent by mail, and if the application is drawn up correctly, a certificate of unmarried status is sent by courier or express mail to the plaintiff.
Many people ask: “Can a certificate stating that I am not married be issued if I am outside Russia?” The answer will be yes. If you need a certificate of marital status, where to get it abroad, you don’t know, then you can contact the consular department of the Russian Embassy in whose country you are visiting. You will need to write a written request addressed to the head of the Consular Section, requesting the issuance of this document. You may be asked to present a foreign and Russian passport, as well as a certificate that you have once been in or divorced. If you have never registered a marriage, then you only need to have a passport. The consul submits a request to the registry office at the place of registration of your Russian passport to check your civil status. If Russia confirms that you are not married, you can pick up the certificate on the same day; it will be sent by fax or email.
Package of documents
After answering the question of where to get the certificate, it is important to clarify the completeness of the documents. The following are attached to the application:
- a valid personal identification document (passport);
- if there was a previous marriage - a divorce certificate, a death certificate, a court decision, depending on the situation;
- identification code;
- translation of these documents into the official language of the country in which the certificate is legalized, and its notarization (in the second round of legalization).
The notary draws up the application on an official holographic form. The personal signature of the applicant is required, which is an actual confirmation of the absence of a marriage union and the voluntariness of intentions.
Basic information
The following persons have the right to request a certificate:
- husband wife;
- relative of the deceased person who was in this marriage;
- the guardian/guardian of a person who was in that marriage but received a decree of incapacity;
- representative under the relevant power of attorney.
Spouses also have the right to request a new certificate of marriage if the original has been lost. But after a divorce, they only have access to a certificate in Form 28 - they will no longer be able to obtain a duplicate certificate.
In some circumstances, applicants are faced with a refusal to issue a certificate. This is done in order to keep personal information about a person secret.
Also grounds for refusal may be the absence of the applicant’s passport, receipt of state duty, or application. If false information is found in the certificates and papers, the provision of services will also be refused. When an applicant does not agree with a negative decision, he has the right to challenge it - for example, by initiating legal proceedings.
Features and timing
From the moment of application until the receipt of the document in hand, it takes from 5 to 10 days.
The certificate must be presented only in the original. All apostilles are affixed there. Before initiating the procedure for obtaining a certificate, it is important to familiarize yourself with the legislation of the country in which you plan to present the document. As a general rule, the certificate is valid for three months from the date of receipt. If in the country for which the certificate is prepared, the legislation provides for a longer period, this must be specified in the certificate. Otherwise, the same terms as in the Russian Federation will apply. In some countries, the validity of the certificate is limited to one month.
Price
Usually, to receive government services, you need to pay a state fee, and issuing a certificate is no exception. The current state duty amount is 200 rubles .
If you need to obtain a duplicate certificate of marriage , the amount to pay increases and amounts to 350 rubles .
Current details for paying the fee can be obtained through government services, at the territorial branch of the Civil Registry Office or the MFC.
Help contents
The document does not have a strictly regulated form. A sample sample includes the following information:
- information about the person to whom the certificate is issued (citizenship, full name, place and date of birth);
- Family status;
- information about the applicant’s parents, their full names and identifying information;
- the organization that issued the document;
- registration address according to internal passport;
- upon presentation of a foreign passport, the exact information of this document;
- date and place of issue;
- outgoing number assigned in the reference journal.
The authenticity of the document is confirmed by the official seal of the institution and the personification of the person who is authorized to sign the certificate.
To whom is it issued?
The certificate is not issued to strangers.
It can be received by a certain circle of people:
- one of the spouses;
- guardian or trustee of an incapacitated citizen;
- a close relative of the deceased spouse;
- a third party who has a notarized power of attorney to receive information on behalf of one of the spouses.
Information is issued regarding persons whose information was entered in the Book of Acts.
Important aspects
If you need to obtain a certificate of family composition, it is important to remember:
- Forgery and falsification of documents is a punishable offense. The applicant is obliged to provide truthful and complete information. Violation of this condition entails the invalidity of the document.
- Polygamy is prohibited in Russia. Therefore, even if the marriage has actually already been dissolved, but the legal status of husband and wife has not been abolished, registering a new marriage abroad is illegal.
- When receiving a certificate for the military registration and enlistment office, it is important to specify information not only about blood parents, but also about adoptive parents, stepfather or stepmother, and if there are none, about legal representatives, siblings with whom the conscript lives.
- Non-resident individuals of Russia do not have to go to their country of citizenship for a certificate. If you have a valid passport, just contact the nearest embassy or consulate of your country.
A certificate of marital status is a legal document confirming the legal status of an individual. It is not identical to the family composition certificate. In some cases, such a document may be requested as part of a trial along with evidence of property status when deciding on reducing the amount of alimony payments.
Conditions for activation outside the state
A certificate of marital status is issued after a complete verification of all documents. The finished paper must also meet all the requirements established in a foreign country:
- establishment of a double apostille when traveling to a country such as Belgium;
- Submitting a document to the Syrian Embassy involves double legalization and re-certification of the document in the country.
The procedure for the second round of legalization is carried out after the certificate is translated into the state language of the country and notarized by local lawyers.
After the completed procedures, the document arrives at the embassy and subsequently receives legal recognition.
The certificate of marital status is submitted only in the original, and all apostilles are displayed in the document.
The processing time is 5–10 business days. After complete registration, the paper is ready and can be presented at the relevant embassy of the country.
Find out what inheritance by will is and who can receive it.
And here is information about whether it is possible to find out a person’s marital status using passport data and via the Internet.
Follow the link for benefits and benefits for mothers with many children.
Types of certificates
At the registry office you can obtain two certificates confirming the fact of the conclusion of a family union:
- a repeated certificate (duplicate) of marriage (if the spouses have lost the original);
- certificate of marriage (form No. 28).
Persons who have managed to file a divorce can only receive a certificate (No. 28); they are not issued a duplicate certificate.
Both documents confirm the civil status of the person - the presence of marriage ties (in the present as well as in the past) or their absence. The difference in the amount of state duty: duplicate certificate - 350 rubles, certificate - 200 rubles. In both cases, the information is taken by an authorized employee from the registry office archive.
Where to get?
To obtain a document confirming the absence of marriage ties, you should contact one of the following authorities:
- MARRIAGE REGISTRY;
- MFC (My Documents);
- State Services portal;
- notary.
Previously, the issuance of such a certificate was exclusively carried out by the registry office, but today there is a choice of authority. The timing of paper production and some other nuances depend on it. However, the certificate will be issued in the same format and meets all requirements.
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Why would you need it?
Firstly, to marry a citizen of another country. According to the legislation of some countries, relationships may be refused to be registered if there is no evidence of the absence of marriage ties previously concluded under the laws of another country. A certificate of absence of marriage registration will be required in any country, regardless of whether both people wishing to get married are citizens of the Russian Federation or just one. It will be needed by representatives of the authorities of another country involved in the official registration of marriages, and will serve as the basis for allowing the marriage to take place. Such requirements are imposed on those wishing to get married in accordance with the laws of another state to exclude possible polygamy or polyandry, which, most often, does not comply with the laws of many countries.
Secondly , conducting various types of transactions, including the purchase/sale of real estate or movable property, transfer of shares in a business. Donation, inheritance, pledge and any other legally significant action may require confirmation that the parties to the transaction do not have a spouse or marital obligations. When resolving property issues, this certificate will be required when determining the type of property.
Thirdly , so that a woman raising a child alone can count on state assistance, which is provided to single mothers. It will be necessary to prove your right to the corresponding benefits during the process of applying for them, which means confirming the absence of an official spouse.
What is the price?
For the work of government agencies issuing a certificate, you are required to pay a state fee, which is 200 rubles . There are usually no additional costs. Payment must be made before submitting the application in order to attach the receipt immediately at the time of document execution. If this is not done, the registry office staff will first ask you to pay the fee, then accept the application.
As a result, you can obtain a certificate of civil status from several authorities. To do this, you should prepare a certain set of documents and draw up an application. The cost of registration is low, and the choice of the responsible authority remains with the interested party. If the document is not used as needed within 3 months, it will expire and will have to be issued again.
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Contents of the document
The certificate has a standard form and contains the following information:
- assigned number;
- information about the registry office office issuing the certificate;
- Full name of the persons who entered into the marriage;
- date of marriage;
- information about the change of surname;
- date of issue;
- signature of an authorized person, seal of the registry office.
The adopted form (No. 28) was approved by the Government of the Russian Federation in 1998 (October 31). It hasn't changed since then.
This is what the marriage certificate looks like (No. 28):
Belarus
Where can I get a certificate in the Republic of Belarus?
A certificate confirming the absence of a record of marriage can be obtained from the civil registry office(ies) at the place of residence (registration) of the applicant in the Republic of Belarus.
Is it possible to obtain a certificate from the Embassy of the Republic of Belarus abroad?
To obtain a certificate of no obstacles to marriage, the applicant must submit the following documents to the Embassy:
- application (sample at the embassy)
- applicant's passport
- passport (or photocopy) of the future spouse
- certificate of absence of a record of marriage from the civil registry office(ies) at the place of residence (registration) of the applicant in the Republic of Belarus
- divorced or widowed - documents on divorce or death of a former spouse
Requirements for a certificate from Belarus
- the certificate from the civil registry office must verify that the applicant has not been married in the Republic of Belarus continuously from the moment he reaches adulthood (18 years old) to the present time
- if, from the moment of reaching marriageable age (18 years), the applicant was registered in several administrative-territorial units, certificates confirming the absence of a record of the marriage act are submitted from all civil registry offices where the applicant lived (was registered)
the date of issue of the certificate (respectively the date of the inspection) should not exceed two weeks from the date of its receipt by the civil registry office until the applicant’s application to the Embassy if the applicant was previously married, which was dissolved, or is a widower - certificate from the authorities The civil registry office in the Republic of Belarus is taken from the date of divorce / entry into force of the court decision on divorce or from the moment of death of the former spouse to the present
How much does it cost to obtain a certificate of no impediment to marriage at the embassy?
Consular fee - 35 euros.
What is the text of the certificate of absence of marriages?
In the documents of the archive of the Civil Registry Office of the Minsk District Executive Committee of the Minsk Region, there is a record of the act of marriage in relation to a citizen of the Republic of Belarus, Belorusevich Baloruska Belorusovna, who was born on January 1, 1990 in the village of Surinka, Slonim District, Grodno Region and permanently resides in the Republic of Belarus at the address: Minsk, st. Lukashenko, 10 for the period from January 1, 2008 to January 1, 2015 is missing.